ABOUT NEW YORK’S GOOD SAMARITAN LAW1. Happen in a home and in the presence of others;
2. Most deaths do not occur instantly, they occur 1-3 hours after the overdose; and
3. Immediately calling for medical help greatly reduces the chances of death. Continue reading
• You have the right to ask why you have been stopped.
• The police may ask you to step out of your vehicle if you are stopped in a car.
• The police may “pat-down” your clothing for their protection if they suspect you are carrying a concealed weapon, but you have the right to refuse any additional search.
• If you are in police custody and are not free to leave the police must tell you that you have the right to remain silent and the right to talk to a lawyer before they question you.
You do not have to answer any questions without an attorney present. If you are in the Syracuse area, and have been arrested and charged with a crime, don’t hesitate to contact our office- call us at 315-701-2939 or CONTACT US ONLINE
Do I have to take a breathalyzer test if the police ask me to? Most folks know that they have a right to refuse this test, and that is true. Many people are under the impression that refusing a breathalyzer test if they have been pulled over is a good move.Lets clarify something first. There are two breath tests you will likely be subjected to if suspected of driving while under the influence of alcohol. The first test is the roadside test. The second is the test done at the police station after being arrested.
The first roadside test should only be administered by the police if there are other indicators of DWI – such as a valid traffic stop, followed by possible odor, and standard field sobriety tests. THIS ROADSIDE TEST IS NOT ADMISSIBLE AT TRIAL. Should you take it? Most likely the answer is yes. Regardless of the result, it will most likely not effect your case.
If you are arrested and brought down to the station for booking, you should be asked to blow into a calibrated machine. This test is admissible and will be used to produce the actual amount of alcohol in your blood. Should you take this test? It depends. How much have you drank (if anything)? When did you take your last drink? Have you been convicted or plead to any previous DUI or DWI charges? These are some of the factors that come into play when making a decision.
You should know that refusing to take a breathalyzer test may result in an administrative suspension of your license by the NYS DMV for one year. This administrative suspension will prevent you from obtaining a hardship license while your case is pending in court and may result in an additional suspension of your license by the DMV beyond any suspension imposed by the court.You must think very carefully before refusing a breathalyzer test.
If you have refused a breathalyzer test, or been charged with DWI, don’t wait to get good advice. Call us at 315-701-2939 or CONTACT US ONLINE for a free initial consultation.
See related articles:
When charged with a DWI in the State of New York, there is an automatic administrative suspension of your license while the case is pending. This occurs at the initial appearance (arraignment). At that time, your attorney can help you make an application for a hardship license. This will allow you to drive to and from work, school, and to receive medical care for you or a family member. This is a to and from license only. If you drive for your job, this license is not appropriate for that situation.
30 days after you have been granted a hardship license, you may apply for a PCCL- Pre-conviction conditional license. This is done through the DMV. This license will allow you to drive for work until a resolution in the case is reached. Eligibility of this license is based on previous conditional licenses issued, and previous DWI charges. It’s important when charged with a DWI that you have competent counsel experienced in this area of law to advise you of your rights and obligations in maintaining driving privileges. These are serious criminal charges that can impact every area of your life. If you live in NY State, please feel free to call us at 315-701-2939 or CONTACT US ONLINE with any additional questions you may have.
What is Syracuse Drug Court and is it right for me?
This week, a caller asked if we thought Syracuse Drug Court was a good idea. Our answer was that we think drug court is a great idea for certain clients. Syracuse Community Treatment Court (SCTC) commonly known as Drug Court oversees delivery of Continue reading
How do I remove a criminal charge from my record?
The past couple of weeks on our weekly segment on K- Rock Syracuse, listeners have called asking about having criminal charges removed from their record because it is difficult to do things like obtain a particular job, or have a hobby like hunting.
The short answer is it is very difficult if not impossible to do. Hence, the phrase “Permanent Criminal Record.” However, to show that we are always thinking about how to best service those that come to us for advice, we should tell you that its not entirely impossible. The criminal case would have to be reopened. However, the criminal case can only be reopened in certain circumstances by statute. Simply removing a conviction from your criminal record is not a reason allowed under the statute to reopen the case. In addition, even if you have a valid reason under the statute, you should know the the case will commence from the beginning. As such, you risk conviction and sentencing on the original charge. This is not only costly and time consuming, but generally, very risky because if convicted, you may go to jail.
For particular circumstances, such as professional licensure or a hunting license; you can apply to the court for a Certificate of Relief from Disabilities.When you apply for a job or a license and you have a Certificate of Relief from Disabilities, an employer or licensing agency must consider it as evidence that you are rehabilitated. This means that your conviction should not result in your being rejected for employment or refused a license unless there is other evidence that you are not qualified.
You can apply for a Certificate of Relief from Disabilities with one or more misdemeanor convictions, and one felony conviction. You can also apply for a Certificate of Good Conduct if you were convicted of two or more felonies. But, you must wait a certain amount of time; If your most serious conviction was for a “C,” “D,” or “E” felony, you must wait at least 3 years from the date of your last conviction, payment of fine, or release from prison. If your most serious conviction was for an “A” or “B” felony, you will have to wait at least 5 years from your last conviction, payment of fine, or release from prison.
The Legal Aid Society has more information on applying for these certificates at:
Click here to find out how to apply for a Certificate of Relief from Disabilities
Click here to find out how to apply for a Certificate of Good Conduct
Any criminal conviction can have a drastic affect on the rest of your life. If you are charged with a crime, it’s vital to seek the advice of an experienced, knowledgeable attorney that routinely handles criminal matters. If you are charged with a crime in the state of New York we urge you to CONTACT US ONLINE before you make a decision about how to resolve your case or give us a call 315-701-2939.
A Krock listener called with this story: She was in a car with her 3 friends smoking marijuana, the police came to the car, smelled the smoke, and asked all the vehicles occupants to step out of the car. The girl herself had no marijuana on her person or in her purse, however two of her other friends did, and in the car, was a drug called “molly”. All of them were charged with possession of the drug. Her question was “How can they charge me when I had nothing on me, especially with a drug found in the car?”
They can and they will. NYS Penal Law section 220.25 provides that
“The presence of a controlled substance in an automobile, other than a public omnibus, is presumptive evidence of knowing possession thereof by each and every person in the automobile at the time such controlled substance was found…”
This is known as the Automobile Presumption.
But what about Due Process, that protects against loss of life, liberty, or property without fairness? The rationale of this statutory presumption lives through the due process clause because a) The law could make the conduct a crime in and of itself; b) A rational connection exists between proven and presumed fact; c) It is easier for the defendant to disprove than the prosecution to prove the presumed fact. We should note that these presumptions also apply in cases such as stolen goods, and crimes such as robbery.
The take home message here, choose your friends wisely. The people you choose to associate yourself with could impact your life, as well as your criminal record. Certainly, there are constitutional questions and defenses to be raised in such circumstances. If you find yourself charged with a crime of this nature, it is imperative that you contact an experienced, knowledgeable criminal attorney in your state. If your charges are in Onondaga, Oneida, Madison, or Jefferson County and have additional questions, don’t hesitate to give us a call at 315-701-2939 or CONTACT OUR OFFICE Online.
See related articles:
When the government obtains evidence against a defendant in violation of her/his constitutional rights, that evidence may be suppressed, and therefore not introduced at trial by the prosecution. This rule is derived from the US Constitution. The defendant in such a situation is entitled to a pretrial suppression hearing. At the hearing, the defendant will generally not testify, only the police officers will give testimony. A person is not generally entitled to a pretrial suppression hearing regarding admissibility of evidence. A hearing may be granted by the court after a showing by the defendant that a constitutional violation of a defendant’s search and seizure rights took place.
There are endless scenarios with regard to the application of the search and seizure analysis. The analysis is different and can change based on the smallest facts individual to your case. If you are charged with a crime, you must immediately seek the advice of an experienced attorney who works everyday to help people protect their rights to ensure the most favorable outcome possible in your case.
Among the types of evidence that a prosecutor may offer against a defendant at trial are tangible (such as drugs seized), observations of police officers, identifications by witnesses, and statements or confessions obtained from the defendant. Each of these may be subject to suppression if improperly obtained by the police. When evidence was arguably obtained in an unconstitutional manner, the defense recourse is to move to suppress. The object of the motion is to suppress the evidence (exclude its admission at trial). If the prosecution disputes the defense assertion, a suppression hearing is held.
There are four levels of permissible police intrusion, and each has it’s own requirement to determine whether the police intrusion is justified. Level I, is the least intrusive level, and is called a “request for information.” This level requires an objective and credible reason for the police to approach an individual that is not necessarily indicative of criminality. Questions permissible at this level include identity, address or destination.
A Level II inquiry is referred to as the “common law right of inquiry.” In order for the police to intrude at this level, founded suspicion that criminal activity is afoot is required. At this level, an officer is entitled to interfere with the citizen to the extent necessary to gain explanatory information, but may not forcibly seize the individual. This type of questioning would lead the person approached to reasonably believe that he or she is suspected of some wrongdoing and is the focus of the approaching officer’s investigation.
A Level III, detainment and frisk, requires the police to have reasonable suspicion that criminal activity has or will be committed. The police may forcibly pursue and/or stop and detain an individual, that is, significantly impede that person’s freedom of movement. Reasonable suspicion is defined as that amount of knowledge sufficient to cause an ordinarily prudent and cautious person to believe, under the circumstances, that criminal activity is at hand.
Lastly, a Level IV, warrantless arrest, is the highest level of police intrusion. This can only be done when there is “probable cause” to believe that the person has committed a crime, even if the crime was not committed in the officer’s presence.
If you should have any questions about a particular matter and your charges are in Onondaga, Oneida, Madison, or Jefferson County, don’t hesitate to call us at 315-701-2939 or CONTACT US ONLINE
See related articles:
Justification recognizes that the use of force may be allowed under certain circumstances. An individual may use physical force, as well as deadly physical force, in certain circumstances to defend property which is any premises a person is legally occupying. Physical force, but not deadly physical force, may be used to stop or end a crime involving damage to premises; trespass; larceny; and mischief. Deadly physical force maybe used to stop an act directed at a premises only when the offense is arson or burglary.
With regard to self-defense, a person must “reasonably believe” that an individual is about to use physical force on himself or another person in order to justify the use of physical force in self-defense. A person must believe that another is about to use deadly physical force on them or a third person in order to justify the use of deadly physical force in self-defense. However, in certain circumstances, deadly force may not be used upon another person, if an individual knows that he or she can avoid the necessity of doing so by safely retreating. The duty to retreat does not arise until the point at which a person reasonably believes that deadly force against him or her is imminent. An individual who is not the initial aggressor and is in his own residence has no duty to retreat. An individual may also use deadly physical force when he or she reasonably believes that another is about to commit a kidnapping, robbery, forcible rape or forcible sodomy.
In determining the reasonableness of a persons belief, a variety of factors are relevant. These can include: the movements of the potential assailant and the physical attributes of all persons involved. Additionally, any prior experiences that could have provided a reasonable belief that another was intending to injure are relevant. For example, a person’s past tendency towards violence or knowledge of a past specific violent act may be considered.
Self-defense may not be used when an individual was the initial aggressor. However, an initial aggressor who then retreats from the conflict and communicates that retreat to the other person may use self-defense. The threat to use physical force determines who was the initial aggressor. Finally, insulting language or a threatening gesture alone may not suffice to allow the use of self-defense.
There are several variables involved in a self-defense case. It’s important if you are charged with a crime to seek out advice of an experienced criminal defense attorney. If you should have any questions about a particular matter and your charges are in Onondaga, Oneida, Madison, or Jefferson County, don’t hesitate to call us at 315-701-2939 or CONTACT US ONLINE for a free initial consultation.
See related articles:
In January 2013, the police arrested a man in St. Johnsville New York for disorderly conduct, after he flipped off an officer. After the man’s arrest, the criminal charges were dismissed and he sued the police. Ultimately, the U.S. Court of Appeals for the 2nd Circuit allowed the man’s lawsuit against the police to survive, ruling that the “ancient gesture of insult is not the basis for a reasonable suspicion of a traffic violation or impending criminal activity.”
While free speech is one of our most cherished liberties, free speech is subject to court interpretation. As a result, time after time courts have had to consider the question: “What are the limits of free speech?” The answer, even for an experienced criminal lawyer, is not an easy one. In general, Courts have identified three types of free speech, each protected at a different level:
So, can you safely flip off a cop without going to jail? The answer is probably not. In truth, the police will not appreciate a challenge to their authority and will likely arrest you. The most common charges in this situation will likely be Disorderly Conduct or Obstruction of Governmental Administration. In addition, if the police arrest and search you or your vehicle and find evidence of a different crime like possession of drugs, possession of marijuana, or possession of a weapon, you will be arrested and charged with those additional crimes.
See related articles:
This Blog/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
On August 5, 2013, a Syracuse police officer stopped a man for a traffic violation when he allegedly failed to use a turn signal. After noticing him wiggling around in his seat, the police allegedly saw crack cocaine on the man’s seat. When the man was brought to the Justice Center and a body search was conducted, the police allegedly found crack cocaine hidden in his buttocks. The man was charged with drug possession third and fourth degree felonies and a drug possession in the seventh degree misdemeanor.
Did the police have the right to search the man’s butt when he was only stopped for a traffic ticket? As with every drug case, the key issue is whether the police seizure was lawful or did the police violate the man’s search and seizure rights. The answer requires a lawyer to analyze the legality of the search and seizure had under the federal (Fourth Amendment) and New York constitutions. As a general rule, when a car is stopped for a traffic infraction, the police may not search absent additional grounds to believe that a crime has been committed. The police can order the driver or passenger out of the car during a traffic stop and, if the police observe contraband in plain view, they can search the entire car, along with its occupants. Another permissible reason for the police to search a car is when the police smell marijuana in the vehicle.
Although there are many valid reasons for the police to search a car and its occupants, the police often conduct car searches based on illegal reasons. Just some examples are: (1) the car is in a “high crime area;” (2) furtive movements of the car’s occupants, like “wiggling” or moving your hands; (3) the occupants giving different stories as to their travels; and (4) asking the occupants if the car contains “anything illegal they should know about” without observing any facts of a crime.
If the police conduct an illegal search, and the proper suppression motions are brought by your attorney, all property illegally seized will be suppressed and may not be used as evidence against you at trial. In certain instances, suppression from an illegal search may extend to your statements or confession, which may be suppressed as the “fruit” of the illegal search or “poisonous tree.”
This Blog/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
This Blog/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
Robbery is the taking or attempting to take something of value from another person by use of force, threats or intimidation. The victim is present during a robbery. There are varying degrees of robbery charges in New York State; First, second and third. The degree is based on the extent of force used or threatened, the type of “weapon” used or threatened with, and how many people were involved in the robbery. It should be noted here that even “fake” weapons such as a toy gun, would be considered the same use of force as a real gun. New York Penal Code 160.10 provides that “A person is guilty of robbery in the second degree when he forcibly steals property and when:…(b) Displays what <strong>appears</strong> to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or…” So it is based on the victims perception of the weapon, and if it appears to be real regardless whether it is actually capable of firing.
Burglary, by contrast, is when a person enters a building or a structure with the intent to commit a crime. Burglary also has three degrees which vary based on weapons, injury and whether there was force used to enter the premises such as breaking a window or something of that nature. The victim does not need to be present for a burglary to occur. It’s important to note two things ~ to enter doesn’t require actually breaking in, and includes even an object used to extend your own reach.
New York State takes both of the above crimes extremely seriously. If you have been charged with Robbery or Burglary in the State of New York, it’s imperative that you seek the advice of an experienced criminal defense attorney. If you should have any questions about a particular matter and your charges are in Onondaga, Oneida, Madison, or Jefferson County, don’t hesitate to call us at 315-701-2939 or find us on the web at bestsyracuselawyers.com for a free initial consultation.
See related articles:
This Blog/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
On Krock, a listener called with this question: If I have a felony on my record, can I go to the range with my friends and just shoot the gun as long as I don’t own the gun?The quickest answer Attorney Zukher has ever given on the show~ “No.”
New York State is one of the most serious when it comes to gun laws. Gun charges carry serious penalties on convictions. Folks with felonies on their records are urged to stay clear away from any sort of firearm for any purpose, even hunting, or a day at the shooting range.
If a felon is found in possession of a firearm, not necessarily their firearm-but any firearm, they will be arrested. The sentence doubles for these people because they are considered a predicate if their felony conviction was less than ten years old. Sentences for these crimes can carry prison terms of up to 14 years,
In case we weren’t clear, if you have a felony on your record, are on parole, or probation, do not go near a firearm. Don’t hunt with a firearm, take up fishing. Go to the driving range instead of the firing range. Don’t go to the gun show, go to the boat show. If there is a gun in the same room with you, leave the room.
A second listener called with a real dilemma: With a felony conviction on his record, his fiancee’ carries a pistol for work each day and is required to carry the firearm. What should someone in this circumstance do? Attorney Zukher advised the caller to take several steps; Ensure there is a gun safe at the home, and that it remains locked at all times, ensure proper safety precautions are taken, and finally to petition the judge for a Certificate of Relief from Disabilities. In the petition, explain to court the reason and the exception he is seeking, and it may be granted that he is permitted in the same household under certain circumstances depending on the variables of his particular case.
For more information on the Certificate of Relief from Disabilities see our related blog article Removing a Criminal Charge From Your Record. If you should have any questions about a particular matter and your charges are in Onondaga, Oneida, Madison, or Jefferson County, don’t hesitate to call us at 315-701-2939 or find us on the web at bestsyracuselawyers.com for a free initial consultation.
See additional articles:
This Blog/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
There are a few different degrees and levels of harassment. NY Penal Code S 240.26 defines Harassment in the second degree as;
“A person is guilty of harassment in the second degree when, with
intent to harass, annoy or alarm another person:
1. He or she strikes, shoves, kicks or otherwise subjects such other
person to physical contact, or attempts or threatens to do the same; or
2. He or she follows a person in or about a public place or places; or
3. He or she engages in a course of conduct or repeatedly commits acts
which alarm or seriously annoy such other person and which serve no
legitimate purpose.”
Harassment in the first degree is charged when the defendant has made intentional and repeated acts of the above which gives the victim a reasonable fear of physical injury. The crime is upgraded to Aggravated Harassment when the harassment includes use of written or mechanical communication. This includes telephone, email, recordings etc… An upgraded charge of Aggravated Harassment also occurs there is a previous conviction of Harassment or when it is done because of a
“belief or perception regarding such person`s race, color, national
origin, ancestry, gender, religion, religious practice, age, disability
or sexual orientation, regardless of whether the belief or perception is
correct” – NY Penal Law S 240.30.2 Aggravated harassment in the second degree.
Crimes due to the above are considered “hate crimes”. Aggravated Harassment in the first degree is a Class E felony.
Does posting on someone else’s Facebook page considered Harassment? It could be. Depending on the facts of the case. It could also be considered a form of Cyber- bullying or Cyber-stalking based on the particulars of the case. Facebook has a page with more information regrading this at http://www.facebook.com/help/search/?q=cyber+bullying
Harassment, bullying, and stalking are serious crimes. Convictions can carry sentences of several years in prison. If you or someone you know is a victim of one of these crimes, its important to report all communications with the assailant to the proper authorities. If you have been charged with any of these crimes, it’s important that you seek the advice of an attorney experienced in criminal law. If you should have any questions about a particular matter and your charges are in Onondaga, Oneida, Madison, or Jefferson County, don’t hesitate to call us at 315-701-2939 or find us on the web at bestsyracuselawyers.com for a free initial consultation.
See Related Articles:
This Blog/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
Civil v Criminal- Burden of Proof?
What is the difference between a civil case and a criminal case? In general, a civil case is designed to settle disputes between private parties. A criminal case seeks to take action against an individual for commission of a criminal offense on behalf of society. Criminal cases are brought on behalf of The People of the State or The People of the United States (in cases of a federal jurisdiction) Civil cases are between two private parties, individuals, corporations or government entities. Continue reading
If you have recently been charged with a DWI you are probably quite concerned about how this is going to affect you, and the rest of your life. You should be. A DWI conviction on your record may stay there for your entire life. It may affect your ability to get certain types of jobs or professional licenses. The additional insurance costs alone will be a significant increase over previously paid premiums. Additionally, in NY a DWI charge is a jailable crime. The fines, penalties, and jail time increase with each conviction.
OK, so you got charged with a DWI, so now what?
The first thing to do is call an experienced DWI Lawyer immediately. This is not a time that you can afford bad advice. Your second cousin who is a real-estate attorney is not what you need right now. You need an attorney that is familiar with the DWI laws, all the possible defenses, and the courts in which you will be appearing. This person should be willing to sit down with you, explain your rights, answer your questions, and work with you to find the best possible defense for your situation. Be sure you are speaking with an experienced DWI attorney, and not an assistant or a call-screener. Your attorney should be accessible to you throughout your case, and keep you informed of any changes or decisions as they occur.
The urgency is speaking with a qualified attorney immediately is the help with a hardship license application which must be done at the first appearance (arraignment). Discovery motions should also be done within 45 of arraignment. These things sometimes make all the difference in the outcome of a case, or if the prosecution even has a case at all. A little over a month is not much time to find an attorney, meet with the attorney, have the attorney research, write and file any possible motions. Lastly, if you are ticketed for refusing the breathalyzer, the DMV will schedule a hearing within a couple of weeks and you need a lawyer at that hearing to protect your right. If you are not successful at that hearing, the DMV suspends your drivers license for 1 year regardless of the outcome of your case.
Important information you want to convey to your attorney to assist them in putting together the best possible defense for you is:
If you have been charged with ANY driving while intoxicated, DWI or DWAI offense in NYS, you can talk with an attorney in our office for a consultation for FREE. Don’t hesitate to call us at 315-701-2939 or find us on the web at bestsyracuselawyers.com for a free initial consultation.
This Blog/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
NY Room Presumption- Guns and Drugs belong to everyoneWe posted a blog awhile back titled Drugs in a car are Everyone’s Drugs- The Automobile Presumption. We received quite a bit of feed back on that, as many people were unaware that they could be charged with possession of not only drugs, but also weapons if they are in a car with someone who has drugs or weapons.
Addressing some of the questions and comments we heard from that post here, we also wanted to bring up another legal presumption here in NY State, the Room Presumtion. New York Penal – Article 220 – § 220.25 Criminal Possession of a Controlled Substance; Presumption states that “The presence of a narcotic drug, narcotic preparation, marihuana or phencyclidine in open view in a room…controlled substance is presumptive evidence of knowing possession thereof by each and every person in close proximity to such controlled substance at the time such controlled substance was found;…” Similar articles are in place for illegal weapons as well.
So you’re at a party where there are drugs, yes you can be charged with possession even if you were not using the drugs, touching the drugs etc… Same goes for illegal weapons. It’s important to note here, illegal weapons are not limited to guns when it comes to the Room Presumption. There are many items which can be considered illegal weapons.
Another important point as we discussed in our article Felony on your record? Stay away from guns! Is that merely being in the same room with a gun could violate a person’s parole, probation or even in just the case of a felony record result in a double sentence if considered a predicate if the conviction is less than 10 years old.
The take home message here, once again- choose your friends wisely. Know your surroundings and who is around you. The people you choose to associate yourself with could impact your life, as well as your criminal record. Certainly, there are constitutional questions and defenses to be raised in such circumstances. If you find yourself charged with a crime of this nature, it is imperative that you contact an experienced, knowledgeable criminal attorney in your state. If your charges are in Onondaga, Oneida, Madison, or Jefferson County and have additional questions, don’t hesitate to CONTACT OUR OFFICE
This Blog/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
So you think it’s no big deal, you have a little pot on you at school- maybe you sell a little bit to a friend, not much- maybe enough to roll a single joint with. After all marijuana is decriminalized in NY right? You can’t be charged with any real crimes right? Wrong. A big wrong that could have huge impacts on your entire life.
Yes, it’s true in NY State Unlawful Possession of Marijuana is considered only a violation and subject to only fines on your first or second offense and “only” a fine and/or 15 days in jail on your third offense. The game all changes when it happens on school grounds. That little bit of marijuana that you sell to a friend for a few bucks becomes subject to felony charges that could have a significant impact on the rest of your life.
Section 221.5 of NYS Penal code provides that “A person is guilty of criminal sale of marihuana in the second degree when he knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than four ounces, OR knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing marihuana to a person less than eighteen years of age.” Criminal sale of marijuana in the second degree is a class D felony. A class D felony could be punishable of 1-3 to 7 years in prison. In addition, a felony conviction on your record will affect you ability to receive federal and state student loans, could prevent you from obtaining professional licenses, firearm permits, and make you ineligible for certain jobs.
Already thinking twice about having drugs in school or selling/sharing with friends? Good but wait – there is more. Depending on the circumstances, amounts, and other variables, you COULD open yourself to charges in violation of Section 220.44 Criminal sale of a controlled substance in or near school grounds. Criminal sale of a controlled substance in or near school grounds is a class B felony. All the same ramifications of felony convictions on your record that we told you about above hold true and in addition, non-violent class B felonies carry a sentencing guideline of 1-3, Max 25 years. This includes recreational drugs like psychedelic mushrooms, acid, narcotic pain pills, hashish, ecstasy, and of course cocaine and heroin. “Harmless experimentation” with these popular drugs in or around schools is a very serious mistake! It’s certainly not harmless to your health or your future.
If you find yourself charged with a crime of this nature, it is imperative that you contact an experienced, knowledgeable criminal attorney in your state. If your charges are in Onondaga, Oneida, Madison, or Jefferson County and have additional questions, don’t hesitate to CONTACT OUR OFFICE
See related articles:
This Blog/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
Semi-automatic weapons bought before January 15, 2013 must be registered with the New York State Police Department within one year, the registration of the weapon will trigger a background check of the registrant.
High-volume ammunition purposes will be tracked in real time
The penalties for crimes involving gun laws have also become harsher:
Killing a first responder responding to an emergency a first-degree murder charge.
A mandatory five-year minimum prison sentence will be imposed for anyone who uses a loaded firearm during a drug sale or violent felony.
A mandatory three-and-a-half year minimum prison sentence for using an unloaded gun during any drug sale or violent felony.
“Straw purchasers,” people who can easily pass a background check who buy guns for others will be upgraded from a misdemeanor to a Class D felony.
IT IS A FELONY TO POSSES A GUN ON SCHOOL GROUNDS OR A SCHOOL BUS.
Charges are upgraded for those who use community or shared guns to commit crimes.
The new law will now require mental health providers to report those that pose a danger to themselves or others to the County, which in turn reports to the NY Division of Criminal Justice Services.
Other gun control issues including storage of weapons, sale of firearms currently in your possession, sale of ammunition, Kendra’s law, and background checks are affected by the new law. We would encourage you to visit The NY GOVERNORS WEBSITE for more detailed information about the 39-page law and its implications.
See related articles:
This Blog/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
Another thought-provoking question from the Krock family of listeners. A gentleman called the show on Tuesday, with this dilemma: His girlfriend who was a relatively reasonable person by day, was not as much when adding alcohol. On occasions after drinking, she would become extremely aggressive; often times throwing things, breaking dishes, pushing him, kicking him etc… When attempting to leave the apartment, she would block the door telling him that there was nothing he could do, and that if he left she would call the police and have him arrested for hitting her (even though he hadn’t) because he was the man and they would believe her. His question to our attorney was “How do I get this girl to chill out, and stop physically assaulting me without getting myself arrested?”
No one, man or woman should be subject to domestic violence. Many men are afraid to come forward or ask for help through community agencies or police intervention for fear that they will be seen as the aggressor, risk their freedom and maybe be removed from the home where there may be children involved. Often times men also have a sense of shame that they are being “beat up by a woman”.
For these reasons, it’s especially important that men do involve the authorities before a situation escalates or becomes violent if possible. For the man to be the one that calls the authorities and explain that he is trying to leave the home, that he is being assaulted, prevented from leaving, and does not want to use any type of force will help to accurately describe and document the situation he may be in.
The same advice holds true for men as it does for women regarding having an “escape plan” in place. Have a plan of where you can go if necessary. Keep copies of important records such as medical information for yourself and your children, bank account information, and emergency phone numbers. Don’t wait until it happens again to talk with someone. Make an appointment to get counseling for yourself, and your children if necessary- document everything and keep your notes in a safe place with a friend, relative, or at work. If you are injured, seek medical attention. Be honest with the physician how it happened and have it documented in case of future legal actions. Here in Syracuse, Vera House is the local agency assisting in domestic violence. More information can be found on their website here: VERA HOUSE WEBSITE. Their phone number is 315-468-3260.
Finally, talk with an attorney and understand what your rights and options are. A knowledgeable, experienced attorney can help you understand what steps may be necessary for criminal charges, child custody, divorce, or any other legal issues that may come up. If you are a woman reading this, the advice is the same. No one, man or woman should be subjected to abuse.
If you are in the CNY area and have further questions regarding a particular matter, please give us a call at 315-701-2939 CONTACT OUR OFFICE ONLINE.
This Blog/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
1) Full stay away (Commonly known as a Class A Order of Protection) The court can order the order the offender to stay away from you or your children entirely. This includes staying away from you at all times including having no communication with you whatsoever via telephone or any other means. A full stay away order will cover your home, work, or any other other place you may go.
2) Partial order of protection (Commonly known as a Class B Order) A class B order will allow the offender to be in your presence and/or communicate with you but the offender may not annoy, alarm, harass, or hurt you in any fashion.
If a family court issues an order of protection it may require the offender to surrender any firearms he/she may have. The Sheriff’s Dept may also suspend the offenders firearms license.
If a permanent order of protection is issued by family court it may last up to five years.
